(영문) 부산지방법원동부지원 2020.11.12 2019가합101488

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(영문) 부산지방법원동부지원 2020.11.12 2019가합101488

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants, together with the real estate listed in the separate sheet, owned by Defendant B (hereinafter “each of the instant real estate”), engaged in pentry business. On August 25, 2017, the Plaintiff purchased each of the instant real estate from Defendant B and the Plaintiff at KRW 1,000,000,000. Of the above purchase price, KRW 550,000,000, the amount of KRW 550,000,000, out of the secured debt of the right to collateral security established on each of the instant real estate, shall be paid in lieu of the payment, and the remainder of KRW 450,00,00,000 shall be paid on the date of the contract (hereinafter “instant sales contract”). On August 30, 2017, the Plaintiff completed the registration of ownership transfer on each of the instant real estate based on each of the instant sales contracts.

B. After receiving the delivery of each of the instant real estate from Defendant B, the Plaintiff leased each of the instant real estate to D on October 2017, and D was engaged in penture business from around that time.

C. On the ground of land E, F, G, H, and I (hereinafter “each site of this case”) which is the site of each building listed in the separate sheet 2 and 3 of the instant real estate (hereinafter “each of the instant buildings”), five buildings were constructed in addition to each of the instant buildings. There were two annexed parking lots on each of the instant sites. However, D attempted to use the attached parking lots installed in front of each of the instant buildings (hereinafter “instant parking lots”).

Therefore, when there are two or more buildings on one site on March 2018 to the Plaintiff, the owner of each real estate of this case, the parking lot shall be calculated based on the total number of buildings within the relevant site at the time of permission for construction, and a plan for the installation of an annexed parking lot shall be submitted, and the responsibility for the management of an annexed parking lot installed accordingly is all the building owners within the relevant site

참조조문

-주차장법

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